Last Updated on January 29, 2025
Skipping jury duty is so common that it’s even a trope on television and movies. But while it may seem like no big deal, missing jury duty can actually result in your being charged with contempt of court. Though it is rare for those who ignore jury summons to face charges in California, many people are shocked to find out they could potentially be arrested for doing so. What happens when you miss jury duty will depend on how many times you have failed to appear, if you made an attempt to be excused, and more, but most people can avoid charges. However, if you are accused of contempt of court after missing jury duty in California, a defense lawyer like Peter M. Liss can help you fight the charges.
Understanding How Jury Duty Works
In California, you can be summoned for jury duty once every twelve months and, if you serve on a jury, you cannot be called on again for three years. Few people are called that often —though because the system is completely random, some people are sent summons far more often than others.
Jury summons have a date on them; however, if the date is inconvenient, you can show up any day two weeks before or two weeks after. You can also request to postpone service for up to six months if necessary.
When you show up, you will be asked to spend one day at the court to see if you can be assigned to a jury. If you are not assigned to a case, you will be excused. If you are selected for a jury, you will most likely be there for 3-7 days, although cases may take more or less time.
While some employers choose to pay employees for time spent on a jury, the law does not require employers to do so. Employers are legally required to give you time off for jury duty. Starting on the second day, you will be paid $15 per day and reimbursed $0.34 per mile for your travels. If you serve at the Central San Diego Courthouse, you may alternatively receive a free transit pass for every day you serve.
Valid Excuses for Getting Out of Jury Duty
Before discussing how to get out of jury duty, it’s worth noting that juries are a vital part of our criminal justice system, and everyone deserves a fair and impartial jury of their peers. If you genuinely can’t serve, however, you should fill out the appropriate section of your summons for jury duty and mail it back to the jury commissioner as soon as possible. Valid excuses for missing jury duty include but are not limited to:
- Being on active military duty
- Being a breastfeeding mother
- Being unable to serve because spending time on a jury would present a significant mental or financial hardship
- Having an obligation to care for someone during the day
- Being on a grand jury
- Being a peace officer
- Not meeting the minimum requirements, such as being over 18, speaking English, and being a U.S. citizen
The state will not notify you if your excuse has been accepted, only if it is rejected.
Even after you appear, if you are selected for a lengthy trial, you can still claim financial or other hardship to be excused from jury duty.
What Happens if You Miss Jury Duty in California?
A jury summons is an official court summons, and ignoring it can result in contempt of court charges. However, this will not happen immediately. If you fail to show up for jury duty once, the court will usually assume you made a mistake and send you a second notice. If you still ignore the summons, you could be at risk for criminal charges. What happens next will largely depend on the specific court where you were summoned to appear.
Many people question whether you can be arrested for skipping jury duty, but the fact is that it does happen, though rarely. Before you are charged, the court will send you a failure to appear notice and an order to show cause, meaning you must appear in court to explain why you missed the date. If you fail to respond to this notice, you can be fined —$250 for the first offense, $750 for the second, and $1,500 for the third and subsequent instances. Some courts even issue these notices after a first missed court date, but in San Diego, you will typically be given two opportunities to appear before you can be fined.
You will not face contempt of court criminal charges unless you neglect to appear at the court hearing. If you are charged with contempt of court for missing jury duty, always work with top lawyers who can help you fight the charges. Common defenses include not getting the summons, not getting a notice that your excuse was rejected, sending an excuse but not having it received by the courthouse, or having a temporary or long-term mental or physical condition that prevented you from sending in an excuse.
The Penalty for Contempt of Court
Contempt of court is a misdemeanor crime. Those convicted of contempt of court for failing to report to jury duty can be sentenced to up to 5 days in jail and a $1,500 fine. Being convicted for ignoring a jury summons will not excuse you from having to serve in the future, as having a criminal offense on your record does not disqualify you from jury duty in California. In other words, you could be convicted, serve time in jail, and pay your fine only to receive another summons in the mail the very next day.
Frequently Asked Questions
What Disqualifies You From Jury Duty in California?
While you can be temporarily excused from jury duty for a number of reasons, only a handful of things can result in your being disqualified. Firstly, if you are not a U.S. Citizen, are under 18, are subject to a conservatorship, are serving on a grand jury, are on parole or probation for a felony offense, or cannot read or speak English well enough to hold a conversation, you are not considered qualified to serve. Beyond that, California disqualifies those currently required to register as a sex offender and those convicted of malfeasance in office who have not had their civil rights restored.
Can You Say “No” to Jury Duty?
Juries play a critical role in the American justice system, which is why there is no way to simply decline service when you receive a jury duty summons. You can, however, request an exemption or postponement if you need one. If your excuse is not deemed valid, you will be notified and will still be required to appear for service on the date of your summons.
What Happens if You Dress Inappropriately for Jury Duty?
The San Diego County court system does not have a specific dress code for jurors, but they do recommend dressing in business casual attire. While there are no formal rules on what someone wears while serving jury duty, a juror’s clothing should reflect the seriousness of the situation, and shorts, tank tops, miniskirts, and flip-flops are poor choices. If a juror is found to be dressed inappropriately, they may be sent home and ordered to appear on a future date.
Note that most courtrooms are cold inside, but the San Diego Central Courthouse receives a lot of sunlight and may be very hot in the waiting area outside the courtrooms, so it is best to wear something light and bring a jacket or sweater.
What Should I do if I Lost My Jury Summons?
If you lose your summons, call the Office of Jury Services in your area to speak with a clerk. They should be able to locate your information using your phone number. In San Diego, the Jury Services phone numbers can be found here.
Can You go to Jail for Missing Jury Duty?
Yes, purposefully missing jury duty involves ignoring a court summons, which is considered contempt of court. Contempt of court is punishable by up to 5 days in jail and a fine of up to $1,500. Fortunately, it is uncommon for people to go to jail because they ignore a jury summons in California.
Can I Change the Location of my Service?
Yes, just call the Deputy Jury Commissioner at (619) 844-2800. If your summons is for the Central San Diego Courthouse, but you live closer to the North County Courthouse in Vista, for example, the Deputy Jury Commissioner will typically allow you to transfer to the location closer to you.
Skipping jury duty is a crime. If you are accused of willfully ignoring a jury summons in Vista or elsewhere in San Diego County, please call criminal lawyer Peter M. Liss at (760) 643-4050 to schedule a free initial consultation. His office is directly across the street from Vista’s North County Courthouse.
